Ask HN: -book Social Networking domain name, will FB sue?

https://news.ycombinator.com/item?id=2339826

by dawson • 15 years ago

2 1 15 years ago

news.ycombinator.com

Facebook sued Teachbook[1] in August of last year for misappropriating the distinctive "book" portion of Facebook’s trademark. I don't know what the result of this was, but do Facebook really have the trademark of -book in any social networking context?

I want to start a site, say vegetablebook, that contains recipes but also has a social element. Should I not do this for fear of being sued?

[1] http://goo.gl/w9SAz

A1kmm• 15 years ago

There is a difference between being sued and losing a lawsuit. Anyone can file a lawsuit on shaky grounds; but defending a case is expensive, and if they sue your company, you can't represent the company yourself unless you are a lawyer. IANAL, so I'd suggest getting advice, particular on whether or not you will win.

The Teachbook vs Facebook case is still going; Teachbook filed a motion to dismiss on the grounds of venue, Facebook opposed, the matter is still at the alternative dispute resolution (ADR) stage. Facebook declined to have it heard before a magistrate judge, meaning they are probably stalling for time; they might not be confident they will win it, but want to maintain the FUD around anyone using the name for as long as possible.

There is a 9th Circuit precedent that PerfumeBay and Perfume-Bay infringes on eBay's trademarks (http://caselaw.findlaw.com/us-9th-circuit/1050747.html) while "Perfume Bay" does not - largely because searching for perfume e-bay or perfume ebay would bring up their site.

So under that logic, vegetablefacebook would definitely be out, but vegetablebook probably wouldn't be, especially if you could explain what it means without reference to Facebook (e.g. if it had recipes and so was like a book). You might get sued, but I think (or at least hope) you would win if you had the resources to persue the case.

Ask HN: -book Social Networking domain name, will FB sue?

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